사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (one year of imprisonment) is too unreasonable.
2. Determination: (a) the maximum amount of damage caused by each of the instant fraud crimes is KRW 95 million; (b) the Defendant was subject to criminal punishment for the same type of crime three times; and in particular, on May 2, 2012, the Defendant was sentenced to imprisonment with prison labor for not less than one year and three months; and (c) on April 13, 2013, the Defendant did not know even after the execution of the sentence was completed; and (d) committed each of the instant crimes during the period of repeated crime.
On the other hand, the fact that the defendant recognized all of the crimes of this case in the trial of the party and reflected his mistake, that the defendant paid part of the amount of damage to the victims and agreed with the victims, that the defendant's wife wanted to take the defendant's wife against the defendant, and that the defendant does not repeat the crime.
In addition to the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, means and consequence of the crime, etc., all of the sentencing factors shown in the arguments of this case, and the scope of sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court [the scope of the recommended punishment] under types 1 (10 million won or less) (10 million won or less). The sentencing guidelines also stipulate that the sentencing guidelines shall determine the sentencing guidelines based on the total amount obtained by deceit according to the case of a single-principal offense, so the recommendation sentence shall be determined by summing up the total amount obtained by defraudation due to each of the fraud crimes of this case.
[Special mitigated Persons] Where punishment is not imposed or considerable damage is recovered [special aggravated persons], the range of punishment for the final recommendation according to the standards for handling multiple crimes for the same species of repeated crime: In full view of one month to one year, the punishment imposed by the court below is too unreasonable.
3. Accordingly, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.